In Maryland,
insurance agents or producers and insurance companies, including
the Medical
Mutual Liability Insurance Society of Maryland,
are regulated by the Maryland Insurance Administration (MIA). The
Insurance Commissioner is required to enforce the insurance laws
passed by the Maryland General Assembly. By law, all insurance companies
are required to file their rates and policy forms with the MIA and
other laws regulate insurance claim
settlements, non-renewal
or cancelation of a policy and insurance
premium, including deductibles. If you
have a problem with your insurance company or agent, you can file
a complaint with the MIA and an investigator will determine whether
your insurance company violated Maryland’s insurance laws.
Violations are not found in most complaint matters and the law gives
the complainant the opportunity to request an administrative hearing
after receiving the investigator’s letter finding that there
was no violation.

1. Does Maryland require physicians and other medical professionals
to have medical professional liability insurance?

No, the laws on the licensing of physicians, physician assistants,
nurses and other medical professionals do not require the purchase
of medical professional liability insurance.

2. Are insurance companies writing medical professional
liability insurance required to issue a policy to an applicant?

No,
the insurance companies must apply their underwriting rules
to each applicant to determine eligibility for coverage. If
an applicant is not eligible for coverage, the company will
not
issue a policy. Eligibility is also reviewed by the insurer
before a renewal policy is offered to a current policyholder.

Yes,
Maryland law requires the Maryland Insurance Administration
(MIA) to review and approve
the policy forms, rating rules
and rates for all insurance companies that issue medical
professional liability insurance. Additionally, the MIA
conducts financial
reviews and examinations of all insurance companies doing
business in the state. Policyholders with complaints about
their insurance
company or producer (agent) may file a complaint with the
MIA. (See Question 9 for a full explanation.)

4. How can I find out the insurance companies writing medical
professional liability insurance in Maryland?

The
Maryland Insurance Administration has available on its website
a brochure titled, “Comparison Guide to Maryland Medical
Professional Liability Insurance Rates” that includes,
in the last few pages, a list of insurers and contact information.
This brochure is updated about once a year. The website is www.mdinsurance.state.md.us.
Look for Consumer Publications using the “Consumer” tab.
The Comparison Guide is found with the publications available
by selecting “Insurance For Businesses and Professionals”.

5. Will policyholders receive notice of rate increases?

Yes, medical
professional liability insurers that file proposed rate increases
with MIA must notify each policyholder in writing
that a proposed rate increase has been submitted to the MIA,
that a hearing can be requested on the rate increase, and that
the Insurance Commissioner’s order or refusal to hold a
hearing can be appealed to court.

6. Are medical professional liability rates, rules and forms
reviewed before they go into effect?

Yes, under
Maryland law, the MIA must review and approve the medical professional
liability filings before they can go into
effect. The People’s Insurance Counsel Division reviews
these filings and uses actuarial consultants to evaluate the
proposed changes. These filings must comply with Maryland laws
on rate filings stating that rates may not be excessive, inadequate
or unfairly discriminatory.

7. What deductibles are available for medical professional liability
policies?

Maryland law requires insurers to offer policies with deductibles
of $25,000, $50,000 and $100,000.

8. Will policyholders receive notice of cancellation
or non renewal of coverage?

Yes, Maryland law provides
that an insurer provide policyholders with written notice of
the decision to cancel or non renewal
a policy at least 45 days before the proposed cancelation
date or the date that the current policy expires. If the reason
for
cancelation is failure to pay the premium, the insurance
company must provide written notice at least 10 days before the
proposed
cancelation date.

9. If I am dissatisfied with an action taken by my insurance
company, who can review the matter?

The Maryland Insurance Administration (MIA) will investigate
complaints against an insurance company or a producer (agent)
to determine whether Maryland law has been violated. All
relevant documents and information should be provided to
the MIA at the
time the complaint is submitted. At the conclusion of the investigation,
the consumer will receive a letter from MIA. To begin the complaint
process, consumers can:

File
an On-line complaint at the MIA website: www.mdinsurance.state.md.us (Use
the Consumer Tab to find “File a Complaint” in
the menu on the left.) It is important that any documentation
relating to the complaint be provided to the MIA. Following submission
of the online form, send any documents by mail to the MIA: Maryland
Insurance Administration, Property and Casualty Complaint Unit,
200 St. Paul Place, Baltimore, MD 21202.

Print
a Complaint form that you can mail to MIA. Click HERE to access the form from the MIA website.
After receiving a complaint, MIA assigns an investigator. Consumers
should expect the complaint process to take several weeks. Complex
matters may take longer. MIA will consider the information and
documents provided by the consumer and the insurer to determine
whether the actions or inactions of the insurance company or
its representative violated the Maryland insurance laws. Click
HERE to learn more about the MIA complaint process.

10. Will the People’s Insurance Counsel Division
be involved in my complaint?

The Division cannot provide legal representation for individual
medical professionals who have a complaint against their insurer
or producer. We can discuss the matter with the policyholder
and answer questions about the complaint process and the administrative
hearing that consumers may request if there is an unfavorable
decision on the complaint. For a full explanation of the administrative
hearing process, click HERE.